Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-09-30

il the people Of the state pay high rates ON
local traffic they are fully compensated in
the low rates on long haul traffic. A board
having full power to adjust rates as circum-
stances should seem to require might per
haps so hold.
Here is broad look at the whole sub
iect, and even widened application of the
principle which Mr.. Fifeld tried TO lay
down. But even such facts and such
view Of the subject, the opinion goes ON to
say, do not justify the company in disobey-
ing the plain provisions of the law. The
"dissimilar circumstances claimed do not
exist the greater charges for the short
haul than for the long haul are illegal and
must be stopped.
The pretence that the case made up and
brought by the state grange did not come
within the fourth section of the law be
cause long haul rates are made by the Ma
tonal Despatch line and not by the com
panes individually, is stripped away most
unceremoniously by the commission
"The National Despatch line is one of the
many fast freight lines of the country, but
neither n corporation nor an association OF
persons. 1t exists by virtue of no formal
agreement or writing. One witness speaks
of it as a name merely another as trade
mark II is nevertheless, so far as the pub
| lie dealing with it are concerned, an actu-
| atty of much Importance, for it not only
| transaCts a large business but takes all the
traffic passing over the Central Vermont
destined to or coming from points beyond
St Adams. 1t has for general manager
Mr. John Porteous, who owes his Office or
position to the president of the Central
| Vermont Railroad company, whose power
to appoint does not appear. Mr.. Porteous
appoints some assistants, but in general the
| railroad agents are agents of the National
| Despatch line also. The reason for estab-
fishing the line originally was that the
| roads were greatly deficient in rolling stock,
and car company was formed to loan them
cars, and this line called into existence to
| operate the cars. The roads pay mileage
| for the use of the cars. The earnings of
the line less the expenses are divided among
| the roads in agreed proportions. Mr.. Por-
teous makes the tariffs for traffic taken by
the line. The long haul traffic rates men
toned in the complaints are rates made by
| him, the several defendants taking no part
in making them.
"These are the facts as they appear from
the proofs. We deem it unnecessary to
comment upon them any further than is
needful to draw a legal conclusion. The
| responsibility of the defendant carriers for
| the long haul rates is UNREASONABLE. They
did not through their own officers fix them,
but they one and all acquiesced in the des-
ignation Of a person to be allowed to fix
them, they permit the business to be done
over their roads respectively at the rates
named, and they accept their several pro
portions. 1t would be difficult to imagine a
method whereby they would become bound
more conclusively, for Mr.. Porteous is agent
for all in making the rates and they all &C
quiesce in what he does, so that they would
be bound even if he had acted at first with
out full authority. The arrangement as it
exists in fact, though it be only a name OF
a trade mark, makes the National Despatch
line or its manager representing it, the
agent for such roads as the line is operated
over. Its rates are their rates for the bust
ness done, and at their peril they must see
that its tariffs are filed with this commits
sion, and that in other particulars the law
is obeyed by it."
No language could be more explicit thar
this Little remains to be said except thai
1t furnishes ground for very Justiiabl'
feeling of satisfaction that such decision
as this, covering ground which concerns 5,
intimately the farmers, and all the common
folk of this and every state, has been rem
dered in a case made up by our Vernon
people, prepared under the authority o
an appointment by the governor of tn
state, and defended by counsel who are o
our people and live among them. The de
cision was given with remarkable prompt
tude 1t came much sooner than was ex
5 pected, and it is reasonable to believe tina
the commissioners regarded it as a tpyica
! and representative case and therefore CAV
= it their immediate attention. The decisio
g was unanimous, all the five members of tn
[ | board concurring